Effective August 2015
These terms and conditions (“Terms and Conditions”) govern your use of the BetterGig.com website or any other BetterGig.com, LLC (the “Company”) website (the “Website”). BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. We may modify these Terms and Conditions from time to time, by posting changes on this Website. By using this Website following any such changes to these Terms and Conditions, you agree to be bound by those changes.
Postings, License, and Proprietary Rights
All individuals seeking a position or employment through the Website who post resumes or other similar information and materials on the Website (the “Employee Materials”) hereby grant the Company a nonexclusive, perpetual, and royalty-free license and right to use to the Employee Materials for the purpose of conducting the business of the Website. All entities seeking to hire persons through the Website who post job descriptions and qualifications or other similar information and materials on the Website (the “Employer Materials”) hereby grant the Company a nonexclusive, perpetual, and royalty-free license and right to use to the Employer Materials for the purpose of conducting the business of the Website. The Employee Materials and the Employer Materials are collectively referred to as the “Materials.” If you posted anything on the Website that does not constitute either Employee Materials or Employer Materials is also defined herein as Materials, and you grant the Company a nonexclusive, perpetual, and royalty-free license and right to use to such Materials. You affirmatively represent that none of the Materials that you submit violate the copyright, trademark, rights of publicity or privacy, and other rights of any third party (including, but not limited to, slander or defamation), or violate any laws or regulations. You may view and download the Materials only for your personal use in a manner consistent with the business of the Website. The use of any Employee Materials by any employer entities is expressly and entirely contingent on the payment of all required fees for such employer entities as set forth on the Website. Employer entities may not copy, share, or distribute any Materials to any persons not employed by or affiliated with such employee entity, and only for the purposes of evaluating and potentially hiring persons who have registered with the Website and posted Employee Materials on the Website. Except for Materials created and posted by you, you may not change the Materials in any way or reproduce, publicly display, distribute, create derivative works of, or otherwise use them for any public or commercial purpose. Except for Materials created and posted by you, any use of the Materials on any other website or networked computer environment for any purpose is prohibited. Except for the Materials, the Company owns or has rights to all information and content on the Website (the Company Content”). The Company Content is copyrighted and/or trademarked, and any unauthorized use of the Company Content may violate copyright, trademark, and other laws. You may not change the Company Content Materials in any way or reproduce, publicly display, distribute, create derivative works of, or otherwise use them for any public or commercial purpose. Any use of the Company Content on any other website or networked computer environment for any purpose is prohibited.
You may not:
- Use this site in an unlawful manner or to promote unlawful conduct or in a manner likely to give rise to civil liability;
- Impersonate, or misrepresent your affiliation with, any other person or entity;
- Engage in spamming or “flooding”;
- “Scrape” or use any other automated means to extract data or other information from this Website;
- Frame this Website;
- Provide inaccurate or untruthful information yourself or in any posting;
- Use the Website or any of the Materials outside the context of the Website; or
- Attempt to gain unauthorized access to other computer systems through this Website.
Without limitation of our other rights and remedies hereunder, we reserve the right to suspend or terminate your use of this Website at any time in our sole discretion.
Links to other websites are provided solely as a convenience to you. The Company does not endorse such sites and is not responsible for their content. If you decide to access any of the sites linked to this Website, you do so entirely at your own risk.
DISCLAIMER OF WARRANTIES
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS, AND MATERIALS THEREON (INCLUDING, BUT NOT LIMITED TO, THE MATERIALS), IS PROVIDED “AS IS,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO INFORMATION, DATA OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR COMPLETENESS OF ANY CONTENT, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE FUNCTIONS, FEATURES, SERVICES OR CONTENT AVAILABLE THEREON, WILL MEET YOUR REQUIREMENTS OR BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ITS SUPPLIERS AND LICENSORS, BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEB WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
All sales are final at the time that payment is made. There are absolutely no refunds, rebates, or credits, in whole or in part, provided, allowed, or permitted. The Company may agree to accept or decline any form of payment in its absolute and unilateral discretion. The Company cannot and does not guarantee that you will find an applicant to fill any position(s) that you post to the Website. The payment obligations for use of the Website are not in any way conditioned on the success or failure of your attempts to fill any job postings on the Website.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts law. You agree that any dispute arising from or relating in any way to this Website will be brought exclusively in the Federal or State courts located in the Fulton County, Georgia and you irrevocably agree to submit to the jurisdiction of such courts. You further agree to indemnify, defend and hold harmless the Company and its agents and affiliates against any claim, liability, expense or damages arising from or relating to your use of the Website. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
This Website is operated by:
53 Perimeter Center E
Atlanta, Georgia 30346